Deck 5: Delegation

Question 1

If the president establishes a court,it is called an:

A) Article I Court
B) Article II Court
C) Article III Court
D) Article IV Court

Answer 1

B

Question 2

The Panama Refining and Schechter Poultry cases are significant because:

A) both cases were deemed valid delegations of authority establishing the intelligible
B) both cases were deemed valid delegations of authority establishing the de novo
C) these are the only cases ever found by the Supreme Court to have delegations of
D) these are the only cases ever found by the Supreme Court to have delegations of

Answer 2

C

Question 3

In Foley v.Osborne Court Condominiums,the court decided that:

A) private entities may impose fines as long as the fines do not accrue
B) private entities may impose fines even if the fines accrue
C) private entities may not impose fines
D) private entities may not impose fines unless a hearing is conducted

Answer 3

C

Question 4

De novo means:

A) the notice of a hearing
B) to reconsider an agency's decision anew
C) to overrule an agency decision
D) to overrule a Congressional delegation

Question 5

Public agencies are never authorized to:

A) arrest
B) imprison
C) detain
D) all of the above
E) none of the above

Question 6

Agency-created laws are called:

A) statutes
B) ordinances
C) quasi-statutes
D) regulations

Question 7

In South Dakota v.Department of Interior,the delegation of power to the Secretary ofthe Interior to acquire land in trust for the Lower Brule Tribe of Sioux Indians wasdeclared unconstitutional because:

A) the Lower Brule Tribe of Sioux Indians was not recognized as a legitimate tribe
B) the enabling statute did not articulate the underlying public use that justified the
C) Congress may delegate authority to purchase open federal land but not private land
D) the statute provided an unfair advantage to Indians, putting other Constitutionally
E) all of the above

Question 8

The distinction between public and private rights was established in:

A) Lichter v. United States
B) Arizona v. California
C) Panama Refining Co. v. Ryan
D) Crowell v. Benson

Question 9

The doctrine that requires Congress to provide agencies with legitimate,comprehensible guidelines is called:

A) intelligible principle
B) standards principle
C) justifiable principle
D) permissible principle

Question 10

Which of the following is an Article III judge?

A) A district judge
B) A magistrate
C) A bankruptcy judge
D) All of the above are Article III judges.
E) None of the above is an Article III judge.

Question 11

Which of the following is not an argument supporting privatization?

A) Government often lacks the expertise to perform certain necessary functions.
B) Privatization increases the size of government.
C) The government often lacks the proper resources to deal with certain emergencies.
D) Private companies are often more productive, reducing government costs.

Question 12

Agency rulemaking is acknowledged and authorized in which article of the U.S.Constitution?

A) Article I
B) Article II
C) Article III
D) None of the above

Question 13

Which of the following is an invalid exercise of delegated authority?

A) A public health official detaining an individual in quarantine when the individual poses a threat to the public
B) The detaining of an individual for psychiatric evaluation or treatment when the
C) The detaining of an illegal alien under warrant issued by the attorney general
D) None of the above
E) All of the above

Question 14

Peretz v.United States established that:

A) the defendant in a criminal action may demand that an Article III judge preside over
B) the defendant in a criminal action may waive the right to have an Article III judge
C) the defendant in a criminal action may demand or may waive the right to have an Article III judge preside over critical stages of the proceedings
D) none of the above

Question 15

In which of the following was a Congressional delegation of authority found improper?

A) Lichter v. United States
B) Arizona v. California
C) Panama Refining Co. v. Ryan
D) Crowell v. Benson

Question 16

Which of the following is considered a public right?

A) Bankruptcy proceedings
B) Disputes regarding whether a debt exists
C) Disputes regarding the amount of a debt
D) All of the above
E) None of the above

Question 17

Which of the following was not considered a governmental function by theConstitutional framers?

A) Corrections
B) Foreign affairs
C) Roads
D) Health care

Question 18

As a general rule,there is no separation of powers problem with an agency possessing________ authority,because nearly all agencies fall under the ________ branch.

A) executive; executive
B) legislative; legislative
C) executive; legislative
D) legislative; executive

Question 19

The separation of powers limitations on Congressional authority to delegate are knownas:

A) the delegation doctrine
B) the nondelegation doctrine
C) the delegation doctrine and the nondelegation doctrine
D) none of the above

Question 20

Which of the following is likely to be ruled unconstitutional?

A) Limited delegations of criminal rulemaking to private agencies
B) Limited delegations of criminal rulemaking to public agencies
C) Limited delegations of criminal rulemaking to both private agencies and public agencies would likely be unconstitutional.
D) None of the above; limited delegations of criminal rulemaking to both private agencies and public agencies would likely be constitutional.

Question 21

It is constitutionally permissible,if the sole purpose is a delegation of legislativeauthority,to transfer the authority to hear a common law claim to a non-Article IIIcourt.

Question 22

A delegation of quasi-judicial authority to a private agency is more likely to bepermitted by the courts than is a delegation of quasi-legislative authority.

Question 23

United States immigration officers may not detain illegal aliens under warrants issuedby the Attorney General unless a magistrate has ruled the warrant valid.

Question 24

If a right did not exist under the common law,Congress may delegate theadjudication of that right to an agency.

Question 25

Article III judges enjoy a lifetime appointment to the bench.

Question 26

Private agencies that perform governmental functions will be treated likegovernmental agencies by the courts.

Question 27

Since 1935,the delegation doctrine has not been used by the Supreme Court tostrike down any delegation of legislative power.

Question 28

In Doe v.Bush,the court stated that the nondelegation doctrine had less applicabilityin matters of foreign affairs than it does in domestic affairs.

Question 29

Most authority delegated by Congress is quasi-legislative authority.

Question 30

Delegations of criminal rulemaking to private agencies are generally found to beunconstitutional.

Question 31

Magistrates may not be delegated the authority to make final determinations in pretrialmatters without the consent of the parties.

Question 32

Bankruptcy judges are not Article III judges.

Question 33

Through the privatization of prisons,as of 2001,approximately 20% of federal andstate prisoners were housed in private prisons.

Question 34

Article III judges are nominated by the Senate and approved by the president.

Question 35

Congress may delegate the adjudication of public rights to non-Article III courts.

Question 36

Public agencies may order the imprisonment of individuals.

Question 37

Federal magistrates are nominated by the president and approved by the Senate.

Question 38

A delegation of legislative authority is constitutional if Congress establishes thenation's fundamental legislative policy and leaves only "gap filling" to the agency.

Question 39

Constitutional rights designed to protect the rights of criminal defendants may berecharacterized as civil wrongs,allowing agencies to exercise a quasi-adjudicative role inthe administration of justice.

Question 40

Exercising contempt power is a delegable government function.

Question 41

In the case _____,the First Circuit Court of Appeals rejected a challenge to President George W.Bush's decision to wage war on Iraq.

Question 42

In the U.S.Supreme Court case _____ decided in 1963,the U.S.Supreme Court upheld delegation of power to the U.S.Secretary of the Interior over water from the Colorado River.

Question 43

In Schechter Poultry Corp.v.United States and Panama Refining Co.v.Ryan,the U.S.Supreme Court invalidated two delegations created by Congress during the Great ____ to confront the serious economic crisis quickly.

Question 44

The nondelegation doctrine has less applicability in matters of ____ affairs than it does in domestic affairs.

Question 45

In the U.S.Supreme Court case _____ decided in 1825,the U.S.Supreme Court upheld a congressional delegation to the courts to make certain rules of operation.

Question 46

Private agencies that perform governmental _____ may be treated as government agencies by the courts.

Question 47

Matching:
Match the case name in Column 1 to the holding of the court in Column 2.

Question 48

In today's world,there is a growing trend toward privatization of governmental services.What are some of the benefits and detriments of privatization? What is your position on privatization and why?

Question 49

In Panama Refining Co.v.Ryan,the U.S.Supreme Court upheld the validity of the National Industrial Recovery Act of 1933 (NIRA)created during the Great Depression.

Question 50

Explain why the U.S.Supreme Court invalidated delegations created by Congress during the Great Depression to confront the serious economic crisis.Cite at least one case to support your answer.

Question 51

Explain why the nondelegation doctrine has less applicability in matters of foreign affairs than it does in domestic affairs.Cite at least one case to support your answer.

Question 52

Delegation of quasi-legislative authority to a private agency is more likely to be permitted than is a delegation of _____ authority.

Question 53

Within two years of President Franklin D.Roosevelt's inauguration,the U.S.SupremeCourt had invalidated several pieces of New Deal legislation.In response,President Roosevelt proposed to Congress that it enlarge the Supreme Court by permitting a new appointment for every justice over the age of 70.What if the current U.S.President proposed to Congress that it enlarge the Supreme Court by permitting a new appointment for every justice over the age 70 today? Would the court uphold the validity of expanding the number of justices on the U.S.Supreme Court? Explain your position.

Question 54

A delegation of legislative authority is constitutional if Congress establishes the nation's fundamental legislative policy and leaves only the _____ filling to an agency.

Question 55

Trying ____ cases is a core governmental function that cannot be delegated to privateparties.

Question 56

Matching:
Matching:Match the case name in Column 1 to the holding of the court in Column 2.

Question 57

Congress must provide sufficient ____ to an agency to guide it in the administration of the power it has been delegated.

Question 58

The _____ principle is the doctrine that requires Congress to provide agencies with legitimate,comprehensible guidelines to limit the authority of the agency whenexercising delegated rulemaking authority.

Question 59

Explain why delegation to a private party must serve the public interest.

Question 60

Explain three ways how a delegation by Congress may violate the U.S.Constitution.